M.L. Singhal, J. - (1.) Jage Ram and others filed suit for declaration against the Gram Panchayat of village Chirsmi, Tehsil Ganaur, through its Sarpanch and Zile Singh @ Zaila, Sarpanch of the Gram Panchayat, to the effect that order dated 28.4.1989 of Collector, Sonepat Division, Rohtak and order dated 4.6.1998 by which warrant of possession was issued by Collector, Ganaur and are liable be set aside and the permanent injunction restraining the defendants and the concerned Government machinery from interfering in their possession and from removing the construction of four walls and rooms over the disputed land illegally and forcibly and further mandatory injunction directing the defendants to get the plots registered in the names of the plaintiffs.
(2.) It was alleged in the plaint that they are residents of village Chirsmi and are kumhar by caste which is a backward class declared by the State of Haryana. Since the time of their ancestors, they have been preparing earthen pots. Land measuring 3 K -17M as detailed in para 2 of the plaint was reserved for gair mumkin awa kumharan, during consolidation because this land was in possession of kumhar community since before consolidation proceedings took place in the village. Plaintiffs constructed there four walls and rooms etc in this land. Vide order dated 20.9.1984, Sub -Judge, IInd Class, Sonepat protected the construction of the four walls in this land in a civil suit filed by the Sarpanch of the Gram Panchayat of village Chirsmi filed an application under Sec. 4 of the Public Premises Rent Recovery and Eviction Act (hereinafter referred to as the Act) in the Court of Collector, Sonepat against them and prayed that they be evicted from the disputed land and possession be handed over to the Gram Panchayat. In that application, Gram Panchayat suppressed the fact that Civil Judge vide order dated 20.9.1984 had granted injunction against the removing of the four -walls. Collector vide order dated 28.4.1989 decided that the land comes under the control and management of the Gram Panchayat and, therefore the plaintiffs and other kumharan could continue using the disputed land for making earthen pots, but the four -walls and the rooms over the disputed sites were ordered to be removed. Vide order dated 24.8.1990, the Commissioner, Rohtak Division, Rohtak, upheld the order of the Collector dated 24.4.1989. Gram Panchayat filed execution on 24.10.1990 for getting possession of the suit land from the plaintiffs. On 15.2.1989, letter was received from the Financial Commissioner, Haryana by all the Deputy Commissioners in the State for allotment of house sites in rural area free of costs to poor belonging to Scheduled castes and Backward Class. In compliance with the orders of the Deputy Commissioner, the Gram Panchayat of village Chirsmi invited applications from such persons. Plaintiffs also filed applications for allotment of such land to them as they had already built their houses and such scheme had also been framed by the Government. Gram Panchayat passed resolution on 18.7.1992 vide which the panchayat had decided that the residential houses of the plaintiffs and other kumharan shall not be demolished because poor kumhars had no other place to live and also the said construction was very old and panchayat was not getting any revenue from the disputed land and this land be allotted to the plaintiffs and other kumharan in the shape of plots. This resolution was sent for approval to the B.D.O. and D.C. Deputy Commissioner visited the spot on 23.11.1992 and had given the orders to the Gram Panchayat that the disputed land be registered in the names of kumhars because these persons had permanent houses over the disputed land. BDPO on 17.3.1993 vide letter No. 307 in reference to the letter of Deputy Commissioner No. 1128 dated 11.3.1993 asked the panchayat to get the plots registered as per the resolution of the panchayat, as such were the orders of the Deputy Commissioner. In the face of what the Deputy Commissioner had ordered, the Gram Panchayat's resolution dated 18.7.1992 regarding the allotment of plots to the plaintiffs and other kumharan, order dated 28.4.1989 of Collector, Sonepat and order dated 24.8.1990 of Commissioner, Rohtak Division, Rohtak have no bearing on the rights of the plaintiffs. Against this resolution of the Gram Panchayat dated 18.7.1992, one Hari Chand, who is a resident of village Chirsmi, filed case in the Court of S.D.M. Ganour, for declaring the resolution of the Gram Panchayat null and void. S.D.O. (Civil) Ganaur vide his order dated 30.9.1994 upheld the resolution of the Gram Panchayat and further held that it is the policy of the Government that any person belonging to Scheduled Caste/Backward class, who does not have any land for residential purpose, shall be allotted a plot measuring 100 sq. yards to enable him to construct a house and the land in Khata No. 373 Reel, and killa No. 39/10/2 and 40/6/1 is reserved for Awa Kumaharan and therefore this land be allotted to them as they had already constructed their houses over the said land according to the Government policy. Zile Singh Sarpanch of the Gram Panchayat alongwith others filed civil suit against the gram Panchayat, Chirsmi restraining the Gram Panchayat from allotting any plot to the plaintiffs and other persons under the resolutions of the Gram Panchayat dated 18.7.1992. Civil Judge vide order dated 20.12.1993 rejected the application of Zile Singh. Zile Singh filed appeal. Dislrict Judge, Sonepat vide order dated 3.6.1994 held that the Gram Panchayat had every right to deal with the suit property i.e. 3K -17M and the allotment of plots from this land to the plaintiffs is not bad in the eye of law. Gram Panchayat filed execution for the implementation of order dated 28.4.1989 passed by the Collector. While doing so, Gram Panchayat has suppressed all the aforesaid material facts from the Court, namely the Government Scheme, order of S.D.O. (Civil), Ganaur, dated 30.9.1994, Civil Court order dated 20.12.1993 and also the fact that the resolution passed by the Gram Panchayat stood affirmed. Alongwith the plaint, the plaintiffs made an application for the grant of temporary injunction restraining the Gram Panchayat from interfering in their possession of land measuring 3K -17M and also from removing the construction of the four walls and the rooms raised by them on the disputed land and also direction to get registered the plots allotted to the plaintiffs over the disputed land. Vide order dated 27.7.1988, Civil Judge (Junior Division), Sonepat, dismissed this application.
(3.) Plaintiffs went in appeal, which was allowed by learned District Judge, Sonepat, vide order dated 14.12.1999.;